Editorial: Counties are held financially responsbile for actions of employees governed by New Jersey

County prosecutors in New Jersey are appointed by the governor and overseen by the state Attorney General’s office. But, should a problem arise, it’s the counties that pay the price, not the state.

That happened this month when Hunterdon County agreed to a $1.3 million settlement of a lawsuit filed against the Prosecutor’s Office by a former assistant prosecutor. She claimed that former Prosecutor J. Patrick Barnes mismanaged his office and behaved erratically.

According to the suit, Barnes allegedly refused to respond in a timely manner to complaints of sexual and racial discrimination and harassment. Assistant Prosecutor Katharine Errickson said in her suit that her complaints were followed by retaliation. She said that she was fired in January 2008 after refusing to resign.

A number of suits have been filed related to Barnes’ term in office, which lasted seven years in Hunterdon. In the case of the Errickson suit, the county will pay about half of the settlement and its insurance carrier the remainder.

Freeholder Director Rob Walton has lamented that county “constitutional officers,” including the prosecutor and sheriff, aren’t subject to many county procedures and mandates. However, as this lawsuit shows, the county can be held accountable for these employees’ alleged actions.

It’s not a new problem for counties. It is one that should be addressed by a state intent on reform. But as long as the counties continue to be held financially responsible for the actions of employees governed by New Jersey, the state has no incentive to fix a broken system.